HomeMy WebLinkAboutStaff Report 2309-20867.Reporting of the emergency contract authorization by the City Manager to execute a
contract with WRA Inc. S24189354
City Council
Staff Report
From: City Manager
Report Type: INFORMATIONAL ITEM
Lead Department: Utilities
Meeting Date: October 23, 2023
Staff Report: 2309-2086
TITLE
Reporting of the emergency contract authorization by the City Manager to execute a contract
with WRA Inc. S24189354
RECOMMENDATION
Receive a report on an emergency contract authorization by the City Manager with WRA Inc.
(S241893541), for biological monitoring and a creek bed restoration engineer to bury an exposed
8” high-pressure natural gas pipeline crossing Arastradero Creek in the Arastradero Preserve
during the 2022/2023 winter storms.
BACKGROUND
In late March 2023, staff from Utilities Operations were notified of an exposed 8” high-pressure
natural gas pipeline crossing Arastradero Creek in the Arastradero Preserve. After field
investigations and document review, staff determined the recent surges in storms during the
2022/2023 winter brought an increase in water flow through Arastradero Creek causing the
existing creek bank and creek bed erosion, exposing approximately 35’ of the existing high-
pressure natural gas pipeline. Staff also determined the exposed gas line was adjacent to a still
buried 16” potable water and 16” wastewater collection pipeline crossing. The natural gas and
potable water pipelines are the only utility service feeds to residents in the foothills.
Staff promptly filed a Safety Related Condition Report required under the Title 49 of the Code of
Federal Regulations, Parts 191.23 and 191.25 with the Pipeline Hazardous Materials and Safety
Administration. In mid-April 2023, staff filed an emergency permit with the Department of Fish
and Wildlife (DFW) to use an existing City contractor to remove downed trees laying directly on
the high-pressure pipeline. Utilities Engineering met onsite with WRA Inc. (environmental design
and consulting firm) to identify next steps to perform work in the creek and rebury the gas
1 Contract S24189354 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/attachments/10-23-2023-id-2309-2086-s24188447-amendment-1.pdf
pipeline prior to the next winter storm event. An initial $50,000 contract with WRA Inc. was
executed for five separate tasks for creek bed restoration design. The tasks included data
collection and analysis of the existing creek conditions, erosion repair work plan design, basis of
design memorandum, biological resources assessment of endangered plants and species, and a
permitting strategy memorandum for each agency review.
In early September 2023, the design and supporting documents were submitted with an
emergency permit request to the permitting agencies, which included the San Francisco Regional
Water Quality and Control Board (SFRWQCB), Army Corps of Engineers (ACE), and DFW. Multiple
rounds of comments from SFWQCB required several redesign efforts and unanticipated
additional requirements. Additional requirements imposed by the SFWQCB include (1) a full-time
biological monitor and (2) a full-time creek bed restoration engineer to oversee and guide City
crews performing the restoration work within the creek. The requirements are to protect
potential endangered species during restoration work and provide general oversight of the
project.
Emergency permits require that all work in the creek be completed prior to October 15, 2023 and
the City performed the construction work with its own resources. In order to accommodate the
unanticipated additional redesign efforts and to meet the additional requirements of the
emergency permit, staff estimate that an additional $85,000 will be needed for WRA’s services
for the construction monitoring support. However, the additional amount required exceeds the
contract limits established in the City’s purchasing policy that can be authorized without City
Council approval. The time to obtain emergency permits from the appropriate agencies was
unforeseen and resulted in the urgent timeline for repair construction.
Utilities Operations staff consulted with the City Attorney’s Office regarding the appropriate
procurement process and requested that the City Manager determine that the contract
amendment with WRA Inc. for construction monitoring and support services, including a full-time
biological monitor and engineer during this restoration phase, qualify as an emergency contract
as defined in Palo Alto Municipal Code (PAMC) Section 2.30.160. In Section 2.30.160, a contract
for goods or services necessary to protect the public health, safety, and welfare in the event of
an emergency may be approved by the City Manager. An emergency means and includes an
urgent unforeseen event that threatens life, property, or the general public health, safety and
welfare, including, without limitation, an emergency declared by the Federal Emergency
Management Agency.
ANALYSIS
The risk of not completing the work prior to the permit deadline would leave the gas pipeline
exposed for the upcoming rainy season potentially causing damage to the pipeline, interruption
of utility service, and injury to people or property. Given these potential harms to the public
health, safety, and welfare, Utilities Operations believed the exposed pipeline constituted an
emergency consistent with the Municipal Code. Based on the above information, the City
Manager approved an emergency contract under PAMC Section 2.30.160 and Section 2.30.210(f)
for an additional $85,000 with WRA Inc. to provide a full-time biological monitor and engineer
during this creek bed construction and restoration phase.
In accordance with the City’s purchasing policy, emergency expenditures approved by the City
Manager must be reported to the City Council at the next regular meeting, if approval for such
expenditures would otherwise have been made by the Council. Accordingly, staff is submitting
this staff report to inform the City Council of the emergency contract authorization provided by
the City Manager.
FISCAL/RESOURCE IMPACT
There is funding available in the Gas System Improvement Fund (GS-11002) in Fiscal Year 2024
for the emergency contract for WRA Inc. to provide a full time Biological Monitor and creek bed
restoration engineer.
STAKEHOLDER ENGAGEMENT
Staff has submitted an emergency permit application with SFRWQCB, ACE, and DFW. Staff is also
working with Public Works and Administrative Service Division for coordination of the creek
restoration work and notification of work within the Arastradero Preserve.
ENVIRONMENTAL REVIEW
Staff has received an emergency permit with SFRWQCB, ACE, and DFW to perform the
temporary work within Arastradero Creek.
ATTACHMENTS
Attachment A: City Manager Approved Letter
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Aaron Perkins, Principal Gas Engineer
UTILITIES DEPARTMENT
250 Hamilton Avenue. 3rd Floor
Palo Alto. CA 94301
650 329 2241
September 21, 2023
Division: WGW Engineering
Project: Arastradero Preserve
Arastradero Creek
Exposed Natural Gas Pipeline Crossing
In late March 2023, staff from Utilities Operations were notified of an exposed 8” high-pressure natural gas
pipeline crossing Arastradero Creek in the Arastradero Preserve. After field investigations and document review,
staff determined the recent surges in storms during the 2022/2023 winter brought an increase in water flow
through Arastradero Creek causing the existing creek bank and creek bed erosion, exposing approximately 35’ of
the existing high-pressure natural gas pipeline. Staff also determined the exposed gas line was adjacent to a still
buried 16” potable water and 16” wastewater collection pipeline crossing. The natural gas and potable water
pipelines are the only utility service feeds to residents in the foothills.
Staff promptly filed a Safety Related Condition Report required under the Title 49 of the Code of Federal
Regulations, Parts 191.23 and 191.25 with the Pipeline Hazardous Materials and Safety Administration. In mid-
April 2023, staff filed an emergency permit with the Department of Fish and Wildlife (DFW) to use an existing City
contractor to remove downed trees laying directly on the high-pressure pipeline. Utilities Engineering met onsite
with WRA Inc. (environmental design and consulting firm) to identify next steps to perform work in the creek and
rebury the gas pipeline prior to the next winter storm event. An initial $50,000 contract with WRA Inc. was
executed for five separate tasks for creek bed restoration design. The tasks included data collection and analysis
of the existing creek conditions, erosion repair work plan design, basis of design memorandum, biological
resources assessment of endangered plants and species, and a permitting strategy memorandum for each agency
review.
In early September 2023, the design and supporting documents were submitted with an emergency permit
request to the permitting agencies, which included the San Francisco Regional Water Quality and Control Board
(SFRWQCB), Army Corps of Engineers (ACE), and DFW. Multiple rounds of comments from SFWQCB required
several redesign efforts and unanticipated additional requirements. Additional requirements imposed by the
SFWQCB include (1) a full time biological monitor and (2) a full-time creek bed restoration engineer to oversee
and guide City crews performing the restoration work within the creek. The requirements are to protect potential
endangered species during restoration work and provide general oversight of the project.
The emergency permits require that all work in the creek be completed prior to October 15, 2023 and the City will
perform the construction work with its own resources. In order to accommodate the unanticipated additional
redesign efforts and to meet the additional requirements of the emergency permit, staff estimate that an
additional $85,000 will be needed for WRA’s services for the construction monitoring support. However, the
additional amount required exceeds the contract limits established in the City’s purchasing policy that can be
authorized without City Council approval.
Utilities Operations staff consulted with the City Attorney’s Office regarding the appropriate procurement process
and requests that the City Manager determine that the contract amendment with WRA Inc. for construction
monitoring and support services, including a full-time biological monitor and engineer during this restoration
phase, qualify as an emergency contract as defined in Palo Alto Municipal Code (PAMC) Section 2.30.160. In
DocuSign Envelope ID: 9F402ED7-70A5-4963-9FE0-49E17ADEA80C
Section 2.30.160, a contract for goods or services necessary to protect the public health, safety, and welfare in
the event of an emergency may be approved by the City Manager. An emergency means and includes an urgent
unforeseen event that threatens life, property, or the general public health, safety and welfare, including, without
limitation, an emergency declared by the Federal Emergency Management Agency. The time to obtain emergency
permits from the appropriate agencies was unforeseen and resulted in the urgent timeline for repair construction.
The risk of not completing the work prior to the October 15, 2023 deadline would leave the gas pipeline exposed
for the upcoming rainy season and potentially causing damage to the pipeline, interruption of utility service, and
injury to people or property. Given these potential harms to the public health, safety, and welfare Utilities
Operations believes the exposed pipeline constitutes an emergency consistent with the Municipal Code.
Therefore, staff is requesting the City Manager provide emergency contract approval under PAMC Section
2.30.160 and Section 2.30.210(f) to authorize an additional $85,000 contract with WRA Inc. to provide a full-time
biological monitor and engineer during this creek bed construction and restoration phase.
Recommended for Approval:
_________________________________ ___________________
Dean Batchelor, Director of Utilities
_________________________________ ____________________
Aylin Bilir, Assistant City Attorney
Approved:
_____________________________________ _______________________
Ed Shikada, City Manager
DocuSign Envelope ID: 9F402ED7-70A5-4963-9FE0-49E17ADEA80C
9/21/2023
9/22/2023
9/22/2023
CityOfPaIoAIto.org
DocuSign Envelope ID: 9F402ED7-70A5-4963-9FE0-49E17ADEA80C
Certificate Of Completion
Envelope Id: 9F402ED770A549639FE049E17ADEA80C Status: Completed
Subject: Complete with DocuSign: 2023 Arastradero Preserve Emergency Proceeding
Source Envelope:
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Certificate Pages: 2 Initials: 0 Tabatha Boatwright
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250 Hamilton Ave
Palo Alto , CA 94301
tabatha.boatwright@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
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Holder: Tabatha Boatwright
tabatha.boatwright@cityofpaloalto.org
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Signer Events Signature Timestamp
Dean Batchelor
Dean.Batchelor@CityofPaloAlto.org
Director of Utilities
City of Palo Alto
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Aylin Bilir
Aylin.Bilir@Cityofpaloalto.org
Assistant City Attorney
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
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Aaron Perkins
Aaron.Perkins@cityofpaloalto.org
Senior Engineer
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AnnMaria Romero
annmarie.romero@cityofpaloalto.org
Contracts Administrator
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